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Restaurant Agreement

Buying.com Restaurant Terms FREE DELIVERY SERVICES:

Buying.com Restaurant Terms (“Terms”) apply to the service relationship between Buying.com, its subsidiaries and affiliates (collectively, “Buying.com” or “BUY”) and the restaurant (“Restaurant”) which is incorporated into these Terms. These Terms and the Services Form will be together referred to as the “Agreement.”

Fees & Payments: FREE TO ALL RESTAURANTS: Buying.com does not charge the restaurant any fee for the work that buying.com does for the delivery of any food or products.A delivery fee of $2.99 is charged to the customer for the use of our system. Weekly payments are made to the restaurant for all sales and collections that were done during the prior week. The payment schedule is from Friday to Thursday Night at 12 pm Eastern Time. A 3.85% fee is deducted to cover the cost of the credit card processing from the customers. The restaurant has the ability to upload photos and change the menu for any of the items on the restaurant’s menu. User name and passwords are provided upon registering. Please go to the Restaurant registration page at https://buying.com/index.php?route=information/register This saves you the 25% to 30% other companies are taking from you for orders and deliveries.

We are a FREE delivery service provider for restaurants and businesses.

No obligations

No additional fees

No commission

We provide a service product for every type of restaurant and for every need.

Our MARKETING Program with your SPECIALS that you provide us. - We market your business and handle all the coupons and advertisements 15% of sales with TOP placement on our site with your specials on Home Page rotating, marketing on Facebook and Google for your restuarant specials. BEST DEAL Payment made weekly.

Our Corporate Program - We send you orders and we handle the delivery for you. Prominent positioning on our website with your menu loaded for you. A 10% corporate discount for Buying.com. Payments made weekly.

We handle the delivery for your orders. Your customer will place orders on Buying.com and order is emailed faxed or called into your restaurant and our Driver makes the PICKUP and Delivery for you. Payment made weekly. Great for the restaurant that does not deliver NOW. Just tell your customer please place your order on Buying.com and they will handle the delivery for you. We are your delivery partner. Free Program. Payments made weekly.

(If you like the sound of that, take a few minutes to read below.)

Here is a brief overview of how we can benefit you.

What Makes Us Different?

Fast Delivery!

We provide you with drivers and instant delivery. (No fee to you)

Guaranteed quick delivery straight to the customers door.

Restaurants do NOT pay a service fee or commission to buying.com. All drivers are equipped with Hot Box vehicles to make sure all food arrives at 135 Degrees.

The restaurant is responsible to pay a commission up to 25-30% of earnings monthly!

We think that’s unfair, so Buying.com doesn’t charge you anything!

We add your menu and product line to our platform and we charge a service delivery fee to the customer.

Now your business has a chance to save big and make more!

Our Goal:

Generate you more business and sales.

To help you grow your business while eliminating the need to hire more employees.

Provide you with instant delivery services to your customers door.

Faster delivery assures the quality of food to be better upon arrival.

Hot Boxes to guarantee food is delivered at 135 degrees.

Top advertising on our site if you provide promotional specials and discounts to Buying.com

How Do We Do It?

STEP 1: If you don’t provide a delivery service for your restaurant or business: now you are now able to provide it without the stress and aggravation of worrying about drivers. If you receive an order at your restaurant or business that needs to be delivered, you would just tell your customer ---- YES WE DELIVER: PLEASE GO TO BUYING.COM AND PLACE YOUR ORDER THERE AND THEY WILL DELIVER IT FOR YOU.

STEP 2: If you have a website now: then you would just put a Delivery Logo on your site and it will forward to your menu on Buying.com. The delivery will be made for you, eliminating all the pressures and worries of the delivery industry.

STEP 3: Use buying.com for delivery during non-peak hours and avoid hiring your own drivers during slow periods.

STEP 4: Payments made weekly to your account for all orders processed. Add extra business and services with no out of pocket expense.

1. Rights and Obligations of BUY

a. BUY will enable customers to purchase food, beverages or Ecommerce Products from Restaurants or stores via (i) BUY’s proprietary ordering, advertising, delivery logistics and billing system at Buying.com.com and its associated web-based and mobile properties and apps (the “BUY Platform”) Tablets are provided at a monthly fee of $10.00

b. MARKETING SERVICES: BUY will include Restaurant on the Systems as provided herein and will enable the transmission of orders to Restaurant for pickup or delivery (the “Marketing Services”). The Marketing Services, together with the Delivery Services and the POS Services (each as defined below), will be referred to herein as the “Services.”

c. DELIVERY SERVICES (IF SELECTED): BUY will connect Restaurant with delivery service providers through Buy BUY’s proprietary logistics platform(s) (the “Delivery Services”). For clarity, BUY does not itself provide delivery or logistics services; instead, BUY provides a platform for restaurants to connect with delivery service providers to transport orders to customers and to receive information relating thereto. BUY delivery service providers are independent contractors who access BUY’s proprietary technologies to provide on-demand delivery and logistics services, and such independent contractors control the method and manner in which they deliver orders. Accordingly, BUY will not be liable or responsible for any delivery service providers or any errors or misrepresentations made by them. BUY will have the sole right to determine the particulars of the Delivery Services, including, without limitation, the delivery fee, delivery area and availability.

d. BUY owns all right, title, and interest in and to the BUY System and any content supplied by BUY and will have sole editorial control over the BUY System, including the presentation of any content provided by Restaurant (“Restaurant Content”). Restaurant Content may include, without limitation, menus, photographs, trademarks and logos. For the term of the Agreement and for six (6) months thereafter, Restaurant hereby grants to BUY a royalty-free, worldwide, sub-licensable, transferable, fully paid-up, irrevocable rights and license to use the Restaurant Content on the Systems, and for marketing and promotional purposes via any means now known or hereinafter developed. Restaurant owns all rights, title, and interest in and to the Restaurant Content, subject to the license granted to BUY herein. BUY may remove Restaurant Content on the Systems at any time if it believes, in its sole discretion, that such Restaurant Content violates any applicable laws, infringes upon any third-party rights, or otherwise impacts the integrity of the Systems.

e. TO THE FULLEST EXTENT PERMITTED BY LAW, AND OTHER THAN AS EXPRESSLY PROVIDED IN THE AGREEMENT, BUY AND ALL BUY PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE AGREEMENT, THE SYSTEMS, THE SERVICES, AND ANY USE THEREOF, INCLUDING WITHOUT LIMITATION IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER BUY NOR ANY BUY PARTNER WILL BE LIABLE TO RESTAURANT FOR DAMAGES RESULTING FROM THE FAILURE OF THE SYSTEMS, SERVICES OR RESTAURANT CONTENT. BUY WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO RESTAURANT FOR INDIRECT, WILLFUL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, LOSS OR INACCURACY OF DATA OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. BUY’S MAXIMUM LIABILITY UNDER THE AGREEMENT WILL BE THE AMOUNT OF COMMISSIONS EARNED BY BUY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GAVE RISE TO SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

2. Additional Rights and Obligations of Restaurant

a. Restaurant will maintain the confidentiality of all non-public information that it acquires in the course of performing the Agreement, including without limitation all Customer Data (as defined below), as well as the terms and conditions of the Agreement (collectively, the “Confidential Information”). Restaurant will not disclose to any third parties or use in any way other than as necessary to perform its obligations hereunder, BUY’s Confidential Information. Restaurant will ensure that Confidential Information will only be made available to those of its employees and agents who have a need to know such Confidential Information and who are be bound by written obligations of confidentiality at least as protective as those set forth herein. Upon expiration or termination of the Agreement and as requested by BUY, Restaurant will deliver to BUY (or destroy at BUY’s election) any and all materials or documents containing the Confidential Information, together with all copies thereof in whatever form.

b. “Customer Data” means (i) any and all information about customers generated or collected by BUY or Restaurant through Buy the Systems or Services, including, but not limited to, customer’s name, delivery address(es), email address(es), phone number(s), and customer preferences and tendencies and (ii) any information that may otherwise be considered “personal data” or “personal information” under applicable law. Restaurant acknowledges that all Customer Data is the sole and exclusive property of BUY (or, as applicable, the BUY Partner). Accordingly, Restaurant will use Customer Data for the sole purpose of fulfilling applicable customer orders or otherwise satisfying Restaurant’s obligations hereunder. Restaurant (and any other persons to whom Restaurant provides any Customer Data only as necessary to perform the Agreement) will implement and maintain comprehensive administrative, physical and technical safeguards in accordance with current best practices in Restaurant’s industry in order to protect, handle, and secure Customer Data. Restaurant will also be responsible for any breach of this provision by any third-party service provider engaged by Restaurant. Restaurant will notify BUY in a secure manner immediately upon a data security breach or any reasonable suspicion thereof or any other unauthorized disclosure of Confidential Information and assist and cooperate with BUY concerning any remedial measures and any disclosures to affected parties, in each case as requested by BUY or required under applicable law.

c. Restaurant agrees that its use of the Systems and Services is subject to the Buying.com

d. Restaurant represents, warrants and covenants: (i) it has the authority to enter into the Agreement and to grant the rights granted hereunder, and doing so will not violate any other agreement to which it is a party; (ii) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin; (iii) the Restaurant Content will not infringe or otherwise violate the rights of any third party; (iv) it will comply with all applicable retail food, beverage (including alcohol) or other health and safety codes, rules or regulations, as well as any other laws applicable to its business (including without limitation the obligation to pay tips to delivery and other workers, if any); (v) it will provide accurate tax rates and calculations to BUY; and (vi) it will remit to the applicable taxing authority all legally-required taxes and will file all required tax returns and forms. In the event that Restaurant includes alcohol in its menu on the Systems, Restaurant further represents and warrants that it maintains a valid and active liquor license and all other applicable licenses, permits and registrations for the sale, distribution and (if applicable) delivery of alcohol (collectively, “Liquor Licenses”). Restaurant will provide BUY with a copy of the Liquor Licenses and all renewals thereof and will immediately notify BUY if any Liquor License is not renewed or is revoked, cancelled or surrendered at any time during the Term.

e. Restaurant will indemnify and hold BUY (including its directors, employees, officers, agents) harmless from any and all claims, actions, proceedings and damages arising out of Restaurant’s activities, including, without limitation, (i) any third-party transactions or financing arrangement; (ii) Restaurant’s provision, calculation, reporting or remission of taxes; or (iii) any breach or alleged breach of the representations, warranties or covenants set forth in the Agreement. BUY will provide prompt notice to Restaurant of any potential claim subject to indemnification hereunder. Restaurant will assume the defense of the claim through Buy counsel designated by it and reasonably acceptable to BUY, provided that BUY may use counsel of its choice at its own expense. Restaurant will not settle or compromise any claim or consent to the entry of any judgment without the written consent of BUY, which will not be unreasonably withheld. BUY will reasonably cooperate with Restaurant in the defense of the claim, at Restaurant’s expense.

3. Payment Terms: All payments for orders will be paid for by Buying.com weekly by check to be mailed every Friday for orders from the previous week.

4. Term

a. The Agreement may be cancelled by either party for any reason (or no reason) upon three (3) days’ prior written notice to the other party.

b. ONLY FOR BUY, DELIVERY SERVICES OR POS SERVICES: If either party wishes to cancel (i) placement on the BUY platform; (ii) the Delivery Services; and/or (iii) the POS Services, in each case, while remaining on the other platform(s) and/or retaining the other Services, it may do so at any time upon three (3) days’ prior written notice to the other party. Notwithstanding anything to the contrary herein, in the event that only placement on the BUY platform, the Delivery Services and/or the POS Services are cancelled, the Agreement will continue in full force and effect, except that: (A) “Services” will be redefined to refer only to the remaining Service(s), (B) “Commission” will be redefined to refer only to the Commission(s) applicable to the remaining Services, and (C) any obligations of BUY with respect to the cancelled Service(s) will be of no further force and effect. Further, (I) any cancellation of Delivery Services for BUY will result in Restaurant’s removal from the BUY platform; and (II) any cancellation of the POS Services may affect the Commission rates of the remaining Services.

5. Dispute Resolution Restaurant and BUY agree that all claims or disputes arising out of the Agreement will be decided by an arbitrator through Buy arbitration and not by a judge or jury (“Arbitration Agreement”). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which are available at www.adr.org. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in NJ, unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no rights or authority for any claim or dispute to be brought Buy, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver may only be determined by a court and not an arbitrator. The following claims are excluded from this Arbitration Agreement: (a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party’s intellectual property rights; (c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable per the applicable federal statute.

6. Notices. All notices under the Agreement will be in writing and will be deemed to have been duly given if given on the earliest to occur of (i) upon delivery, or refusal of delivery, if personally delivered; (ii) on the third business day after deposit with the United States Postal Service if sent by certified mail; (iii) on the first business day after delivery to a nationally recognized overnight courier if sent by such a courier; and (iv) on the day transmitted, as indicated by the transmission confirmation, if given by email (however, any notice transmitted by email after 5:00 PM local time at the destination of the recipient or on a day other than a business day will be considered given on the next business day). All notices to Restaurant will be sent to Restaurant at the address provided on the Services Form under “Contact Information,” or such other address provided by Restaurant and accepted by BUY in writing. All notices to BUY will be sent to the below, unless otherwise provided by BUY:

Buying.com is a Technological company that connects people with E-commerce on demand with 30 minute to 2 hour delivery windows. We do this by offering the next generation of a Decentralized E-commerce Platform along with innovations in Bulk Pricing, Real-time Logistics, E-Commerce and Cryptocurrency.